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If the defendant in a criminal case pleads self defense what burden rests with defense?
Wiki User
∙ 14y ago
Self defense is an affirmative defense. That means that the defendant bears the burden of presenting creditable evidence in support of the claim of self defense.
The standard of the evidence varies between different states, in some states the evidence must be "clear and convincing" while in other states the evidence must just be "more likely than not".
Different states also have different definitions of self defense. For example, in Ohio, the defendant must prove that there was an "actual threat of death or bodily injury". While in neighboring Indiana, the defendant must only prove a "reasonable belief of a threat of death or bodily injury". What's the difference? If you are accosted by a drugged out thug is pointing a gun at your kid's head and you shoot first, in Ohio you're going to prison if the thug's gun isn't loaded but in Indiana you're a free man or if the thug tossed the gun off a bridge before the cops get there.
Wiki User
∙ 14y ago
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What could be a sentence with the word defendant?
the defendant pleads guilty
What is it called when a defendant pleads not guilty?
innocent
What do you call it when the defendant ''says not gulty'' in coart?
a plea The defendant PLEADS 'not guilty'
Is deferred adjudication a conviction?
Deferred adjudication is a plea deal wherein a defendant pleads guilty or no contest to criminal charges as long as he meets certain requirements laid out by court. There is no formal conviction entered in the defendant's records.
What is the role of the defense in a criminal trial?
Defend a client who has the presumption of innocence until they are proven innocent or guilty. Then if, in some systems, a defense lawyer can apply for an appeal if said person is found guilty.
When will the criminal case not go to trial?
A criminal case will not go to trial if the defendant pleads guilty at a preliminary hearing or if the prosecution decides to discontinue the case (usually because they think the evidence is not strong enough for a reasonable chance of conviction).
What does open plea mean?
An open plea is when a defendant pleads guilty without an agreement regarding punishment.
What are the release dates for Jami Floyd Best Defense - 2006 Driver Pleads Guilty in Fatal Crash?
Jami Floyd Best Defense - 2006 Driver Pleads Guilty in Fatal Crash was released on: USA: 1 April 2008
What are the Four pleas a defendant may use?
The four pleas a defendant may use in a criminal case are guilty, not guilty, guilty but mentally ill, and nolo contendere (no contest). A defendant who pleads guilty admits their responsibility for the crime. Pleading not guilty indicates that the defendant denies the charges and intends to contest them. A guilty but mentally ill plea acknowledges guilt but asserts that the defendant had a mental illness at the time of the offense. A nolo contendere plea means the defendant does not contest the charges but does not admit guilt.
What advantages does the prosecutor of a case gain if the accused agrees to plead guilty?
The advantage is that there is no risk that a jury would find the defendant not guilty. Even if the defendant makes a plea bargain and pleads guilty to a lesser offense, at least the defendant will not get avoid any punishment.
A trial that is terminated before a verdict is reached?
It can be accomplished in three manners: The defendant pleads guilty - the judge declares a mis-trial - or the judge dismisses the charges.
If a case in Michigan is reopened and dismissed is this considered a conviction?
No. A conviction is when the defendant pleads guilty or nolo, or a jury finds him guilty. Dismissed functions like a not guilty.
